SENATE BILL No. 103

 

 

February 12, 2015, Introduced by Senator PAVLOV and referred to the Committee on Education.

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a),

 

section 1249 as amended by 2014 PA 257 and section 1249a as added

 

by 2011 PA 102, and by adding sections 1249b and 1531j; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1249. (1) Subject to subsection (7), (5), with the

 

involvement of teachers and school administrators, the board of a

 

school district or intermediate school district or board of

 

directors of a public school academy shall adopt and implement for

 

all teachers and school administrators a rigorous, transparent, and

 

fair performance evaluation system that does all of the following:

 

     (a) Evaluates the teacher's or school administrator's job

 

performance at least annually while providing timely and


 

constructive feedback.

 

     (b) Establishes clear approaches to measuring student growth

 

and provides teachers and school administrators with relevant data

 

on student growth.

 

     (c) Evaluates a teacher's or school administrator's job

 

performance, using multiple rating categories that take into

 

account data on student growth as a significant factor. For

 

Beginning in 2014-2015, for grades and subjects in which state

 

assessments are administered in compliance with 20 USC 6311,

 

student growth must be measured, at least in part, using the state

 

assessments, and for grades and subjects in which state assessments

 

are not required and administered for purposes of 20 USC 6311,

 

student growth must be measured, at least in part, using

 

alternative assessments that are rigorous and comparable across

 

schools within the school district, intermediate school district,

 

or public school academy. If the performance evaluation system

 

implemented by a school district, intermediate school district, or

 

public school academy under this section does not already include

 

the rating of teachers as highly effective, effective, minimally

 

effective, and ineffective, then the school district, intermediate

 

school district, or public school academy shall revise the

 

performance evaluation system not later than September 19, 2011 to

 

ensure that it rates teachers as highly effective, effective,

 

minimally effective, or ineffective.

 

     (d) Uses the evaluations, at a minimum, to inform decisions

 

regarding all of the following:

 

     (i) The effectiveness of teachers and school administrators,


 

ensuring that they are given ample opportunities for improvement.

 

     (ii) Promotion, retention, and development of teachers and

 

school administrators, including providing relevant coaching,

 

instruction support, or professional development.

 

     (iii) Whether to grant tenure or full certification, or both, to

 

teachers and school administrators using rigorous standards and

 

streamlined, transparent, and fair procedures.

 

     (iv) Removing ineffective tenured and untenured teachers and

 

school administrators after they have had ample opportunities to

 

improve, and ensuring that these decisions are made using rigorous

 

standards and streamlined, transparent, and fair procedures.

 

     (2) Beginning with the 2015-2016 2017-2018 school year, the

 

board of a school district or intermediate school district or board

 

of directors of a public school academy shall ensure that the

 

performance evaluation system for teachers meets all of the

 

following:

 

     (a) The performance evaluation system shall include at least

 

an annual year-end evaluation for all teachers. An annual year-end

 

evaluation shall meet all of the following:

 

     (i) At least 50% Twenty-five percent of the annual year-end

 

evaluation shall be based on student growth and assessment data.

 

All student growth and assessment data shall be measured using the

 

student growth assessment tool that is required under legislation

 

enacted by the legislature after review of the recommendations

 

contained in the report of the former Michigan council for educator

 

effectiveness.Beginning with the 2018-2019 school year, 45% of the

 

annual year-end evaluation shall be based on student growth and


 

assessment data.

 

     (ii) For grades and subjects in which state assessments are

 

administered in compliance with 20 USC 6311, at least 50% of

 

student growth must be measured using the state assessments.

 

     (iii) For grades and subjects in which state assessments are not

 

required and administered for purposes of 20 USC 6311, at least 50%

 

of student growth must be measured using alternative assessments

 

that are rigorous and comparable across schools within the school

 

district, intermediate school district, or public school academy.

 

Student growth also may be measured by standards-based, nationally

 

normed assessments, or other national or local assessments, or

 

based on achievement of individualized education program goals.

 

     (iv) (ii) If there are student growth and assessment data

 

available for a teacher for at least 3 school years, the annual

 

year-end evaluation shall be based on the student growth and

 

assessment data for the most recent 3-consecutive-school-year

 

period. If there are not student growth and assessment data

 

available for a teacher for at least 3 school years, the annual

 

year-end evaluation shall be based on all student growth and

 

assessment data that are available for the teacher.

 

     (v) (iii) The annual year-end evaluation shall include specific

 

performance goals that will assist in improving effectiveness for

 

the next school year and are developed by the school administrator

 

or his or her designee conducting the evaluation, in consultation

 

with the teacher, and any recommended training identified by the

 

school administrator or designee, in consultation with the teacher,

 

that would assist the teacher in meeting these goals. For a teacher


 

described in subdivision (b), the school administrator or designee

 

shall develop, in consultation with the teacher, an individualized

 

development plan that includes these goals and training and is

 

designed to assist the teacher to improve his or her effectiveness.

 

     (b) The performance evaluation system shall include a midyear

 

progress report for a teacher who is in the first year of the

 

probationary period prescribed by section 1 of article II of 1937

 

(Ex Sess) PA 4, MCL 38.81, or who received a rating of minimally

 

effective or ineffective in his or her most recent annual year-end

 

evaluation. The midyear progress report shall be used as a

 

supplemental tool to gauge a teacher's improvement from the

 

preceding school year and to assist a teacher to improve. All of

 

the following apply to the midyear progress report:

 

     (i) The midyear progress report shall be based at least in part

 

on student achievement.

 

     (ii) The midyear progress report shall be aligned with the

 

teacher's individualized development plan under subdivision (a)(iii).

 

     (iii) The midyear progress report shall include specific

 

performance goals for the remainder of the school year that are

 

developed by the school administrator conducting the annual year-

 

end evaluation or his or her designee and any recommended training

 

identified by the school administrator or designee that would

 

assist the teacher in meeting these goals. At the midyear progress

 

report, the school administrator or designee shall develop, in

 

consultation with the teacher, a written improvement plan that

 

includes these goals and training and is designed to assist the

 

teacher to improve his or her rating.


 

     (iv) The midyear progress report shall not take the place of an

 

annual year-end evaluation.

 

     (c) The performance evaluation system shall include classroom

 

observations to assist in the performance evaluations. All of the

 

following apply to these classroom observations:

 

     (i) Except as provided in this subdivision, the manner in which

 

a classroom observation is conducted shall be prescribed in the

 

evaluation tool for teachers described in subdivision (d).

 

     (i) (ii) A classroom observation shall include a review of the

 

teacher's lesson plan and the state curriculum standard being used

 

in the lesson and a review of pupil engagement in the lesson.

 

     (ii) (iii) A classroom observation does not have to be for an

 

entire class period.

 

     (iii) (iv) Unless a teacher has received a rating of effective or

 

highly effective on his or her 2 most recent annual year-end

 

evaluations, there shall be multiple classroom observations of the

 

teacher each school year.

 

     (iv) The school administrator responsible for the teacher's

 

performance evaluation shall conduct at least 1 of the

 

observations. Other observations may be conducted by other

 

observers who are trained in the use of the evaluation tool that is

 

used under subdivision (d). These other observers may be teacher

 

leaders.

 

     (d) For the purposes of conducting annual year-end evaluations

 

under the performance evaluation system, the school district,

 

intermediate school district, or public school academy shall

 

develop or adopt and implement the state an evaluation tool for


 

teachers. that is required under legislation enacted by the

 

legislature after review of the recommendations contained in the

 

report of the former Michigan council for educator effectiveness.

 

However, if a school district, intermediate school district, or

 

public school academy has a local evaluation tool for teachers that

 

is consistent with the state evaluation tool, the school district,

 

intermediate school district, or public school academy may conduct

 

annual year-end evaluations for teachers using that local

 

evaluation tool.The evaluation tool or tools used by the school

 

district, intermediate school district, or public school academy in

 

its performance evaluation system shall be used consistently among

 

the schools operated by a school district, intermediate school

 

district, or public school academy so that all similarly situated

 

teachers are evaluated using the same evaluation tool. The school

 

district, intermediate school district, or public school academy

 

shall post information about the evaluation tool on its public

 

website as required under subsection (4).

 

     (e) The performance evaluation system shall assign an

 

effectiveness rating to each teacher of highly effective,

 

effective, minimally effective, or ineffective, based on his or her

 

score on the annual year-end evaluation described in this

 

subsection.

 

     (f) As part of the performance evaluation system, and in

 

addition to the requirements of section 1526, a school district,

 

intermediate school district, or public school academy is

 

encouraged to assign a mentor or coach to each teacher who is

 

described in subdivision (b).


 

     (g) The performance evaluation system may allow for exemption

 

of student growth data for a particular pupil for a school year

 

upon the recommendation of the school administrator conducting the

 

annual year-end evaluation or his or her designee and approval of

 

the school district superintendent or his or her designee,

 

intermediate superintendent or his or her designee, or chief

 

administrator of the public school academy, as applicable.

 

     (h) The performance evaluation system shall provide that, if a

 

teacher is rated as ineffective on 3 consecutive annual year-end

 

evaluations, the school district, public school academy, or

 

intermediate school district shall dismiss the teacher from his or

 

her employment. This subdivision does not affect the ability of a

 

school district, intermediate school district, or public school

 

academy to dismiss an ineffective teacher from his or her

 

employment regardless of whether the teacher is rated as

 

ineffective on 3 consecutive annual year-end evaluations.

 

     (i) The performance evaluation system shall provide that, if a

 

teacher is rated as highly effective on 3 consecutive annual year-

 

end evaluations, the school district, intermediate school district,

 

or public school academy may choose to conduct a year-end

 

evaluation biennially instead of annually. However, if a teacher is

 

not rated as highly effective on 1 of these biennial year-end

 

evaluations, the teacher shall again be provided with annual year-

 

end evaluations.

 

     (j) The performance evaluation system shall provide that, if a

 

teacher who is not in a probationary period prescribed by section 1

 

of article II of 1937 (Ex Sess) PA 4, MCL 38.81, is rated as


 

ineffective on an annual year-end evaluation, the teacher may

 

request a review of the evaluation and the rating by the school

 

district superintendent, intermediate superintendent, or chief

 

administrator of the public school academy, as applicable. The

 

request for a review must be submitted in writing within 20 days

 

after the teacher is informed of the rating. Upon receipt of the

 

request, the school district superintendent, intermediate

 

superintendent, or chief administrator of the public school

 

academy, as applicable, shall review the evaluation and rating and

 

may make any modifications as appropriate based on his or her

 

review. However, the performance evaluation system shall not allow

 

for a review as described in this subdivision more than twice in a

 

3-school-year period.

 

     (k) The school district, intermediate school district, or

 

public school academy shall provide information to teachers on the

 

evaluation tool or tools used by the school district, intermediate

 

school district, or public school academy in its performance

 

evaluation system and on how each evaluation tool is used.

 

     (3) Beginning with the 2015-2016 school year, the board of a

 

school district or intermediate school district or board of

 

directors of a public school academy shall ensure that the

 

performance evaluation system for building-level school

 

administrators and for central office-level school administrators

 

who are regularly involved in instructional matters meets all of

 

the following:

 

     (a) The performance evaluation system shall include at least

 

an annual year-end evaluation for all school administrators


 

described in this subsection by the school district superintendent

 

or his or her designee, intermediate superintendent or his or her

 

designee, or chief administrator of the public school academy, as

 

applicable, except that a superintendent or chief administrator

 

shall be evaluated by the board or board of directors.

 

     (b) At least 50% of the annual year-end evaluation shall be

 

based on student growth and assessment data. The student growth and

 

assessment data to be used for the school administrator annual

 

year-end evaluation are the aggregate student growth and assessment

 

data that are used in teacher annual year-end evaluations in each

 

school in which the school administrator works as an administrator

 

or, for a central-office level school administrator, for the entire

 

school district or intermediate school district.

 

     (c) The portion of the annual year-end evaluation that is not

 

based on student growth and assessment data shall be based on at

 

least the following for each school in which the school

 

administrator works as an administrator or, for a central-office

 

level school administrator, for the entire school district or

 

intermediate school district:

 

     (i) If the school administrator conducts teacher performance

 

evaluations, the school administrator's training and proficiency in

 

using the evaluation tool for teachers described in subsection

 

(2)(d), including a random sampling of his or her teacher

 

performance evaluations to assess the quality of the school

 

administrator's input in the teacher performance evaluation system.

 

If the school administrator designates another person to conduct

 

teacher performance evaluations, the evaluation of the school


 

administrator on this factor shall be based on the designee's

 

training and proficiency in using the evaluation tool for teachers

 

described in subsection (2)(d), including a random sampling of the

 

designee's teacher performance evaluations to assess the quality of

 

the designee's input in the teacher performance evaluation system,

 

with the designee's performance to be counted as if it were the

 

school administrator personally conducting the teacher performance

 

evaluations.

 

     (ii) The progress made by the school or school district in

 

meeting the goals set forth in the school's school improvement plan

 

or the school district's school improvement plans.

 

     (iii) Pupil attendance in the school or school district.

 

     (iv) Student, parent, and teacher feedback, and other

 

information considered pertinent by the superintendent or other

 

school administrator conducting the performance evaluation or the

 

board or board of directors.

 

     (d) For the purposes of conducting performance evaluations

 

under the performance evaluation system, the school district,

 

intermediate school district, or public school academy shall adopt

 

and implement the state evaluation tool for school administrators

 

described in this subsection that is required under legislation

 

enacted by the legislature after review of the recommendations

 

contained in the report of the former Michigan council for educator

 

effectiveness. However, if a school district, intermediate school

 

district, or public school academy has a local evaluation tool for

 

school administrators described in this subsection that is

 

consistent with the state evaluation tool, the school district,


 

intermediate school district, or public school academy may conduct

 

performance evaluations for school administrators using that local

 

evaluation tool.

 

     (e) The performance evaluation system shall assign an

 

effectiveness rating to each school administrator described in this

 

subsection of highly effective, effective, minimally effective, or

 

ineffective, based on his or her score on the evaluation tool

 

described in subdivision (d).

 

     (f) The performance evaluation system shall ensure that if a

 

school administrator described in this subsection is rated as

 

minimally effective or ineffective, the person or persons

 

conducting the evaluation shall develop and require the school

 

administrator to implement an improvement plan to correct the

 

deficiencies. The improvement plan shall recommend professional

 

development opportunities and other measures designed to improve

 

the rating of the school administrator on his or her next annual

 

year-end evaluation.

 

     (g) The performance evaluation system shall provide that, if a

 

school administrator described in this subsection is rated as

 

ineffective on 3 consecutive annual year-end evaluations, the

 

school district, public school academy, or intermediate school

 

district shall dismiss the school administrator from his or her

 

employment. However, this subdivision applies only if the 3

 

consecutive annual year-end evaluations are conducted using the

 

same evaluation tool and under the same performance evaluation

 

system. This subdivision does not affect the ability of a school

 

district, intermediate school district, or public school academy to


 

dismiss an ineffective school administrator from his or her

 

employment regardless of whether the school administrator is rated

 

as ineffective on 3 consecutive annual year-end evaluations.

 

     (h) The performance evaluation system shall provide that, if a

 

school administrator is rated as highly effective on 3 consecutive

 

annual year-end evaluations, the school district, intermediate

 

school district, or public school academy may choose to conduct a

 

year-end evaluation biennially instead of annually. However, if a

 

school administrator is not rated as highly effective on 1 of these

 

biennial year-end evaluations, the school administrator shall again

 

be provided with annual year-end evaluations.

 

     (4) It is the intent of the legislature to review the report

 

submitted by the former Michigan council for educator effectiveness

 

and to enact appropriate legislation to put into place a statewide

 

performance evaluation system taking into consideration the

 

recommendations contained in the report.

 

     (3) (5) If all of the following apply for a public school

 

operated by a school district, intermediate school district, or

 

public school academy, then the school district, intermediate

 

school district, or public school academy is not required to comply

 

with subsection (2) or (3) for that public school:

 

     (a) As of July 19, 2011, the school district, intermediate

 

school district, or public school academy had already implemented

 

and is currently using a performance evaluation system for that

 

public school For the purposes of this section, a school district,

 

intermediate school district, or public school academy is

 

encouraged to adopt and implement a performance evaluation system


 

for teachers that meets all of the following: requirements:

 

     (a) (i) Under the system, the most significant portion of a

 

teacher's or school administrator's evaluation is based on student

 

growth and assessment data, which may include value-added measures.

 

     (b) (ii) The For student growth that cannot be measured as

 

required under subsection (2)(a)(i) to (iii), the system uses

 

research-based measures to determine student growth. For 2014-2015,

 

for grades and subjects in which state assessments are administered

 

in compliance with 20 USC 6311, student growth must be measured, at

 

least in part, using the state assessments, and for grades and

 

subjects in which state assessments are not required and

 

administered for purposes of 20 USC 6311, student growth must be

 

measured, at least in part, using alternative assessments that are

 

rigorous and comparable across schools within the school district,

 

intermediate school district, or public school academy. Student

 

growth also may be measured by standards-based, nationally normed

 

assessments and other objective criteria which may include other

 

national or local assessments.

 

     (c) (iii) The system determines professional competence through

 

multiple direct observations of classroom practices and

 

professional practices throughout the school year.

 

     (d) (iv) Under the system, teacher effectiveness and ratings,

 

as measured by student achievement and growth data, are factored

 

into teacher retention, promotion, and termination decisions.

 

     (e) (v) Under the system, teacher and school administrator

 

performance evaluation results are used to inform teacher

 

professional development for the succeeding year.


 

     (f) (vi) The system ensures that teachers and school

 

administrators are evaluated at least annually.

 

     (b) The school district, intermediate school district, or

 

public school academy notified the former governor's council on

 

educator effectiveness by November 1, 2011 that it is exempt under

 

this subsection from the requirements of subsections (2) and (3).

 

     (c) The school district, intermediate school district, or

 

public school academy posts a description of its evaluation system

 

on its website.

 

     (6) If, after July 19, 2011, a school district, intermediate

 

school district, or public school academy begins operating a new

 

public school, or implements a new performance evaluation system

 

for a public school it operates, and all of the following apply,

 

then the school district, intermediate school district, or public

 

school academy is not required to comply with subsection (2) or (3)

 

for that public school:

 

     (a) The performance evaluation system adopted and implemented

 

for that public school replicates and is identical to the

 

performance evaluation system of a public school that is exempt

 

under subsection (5).

 

     (b) The school district, intermediate school district, or

 

public school academy posts a description of the performance

 

evaluation system on its website.

 

     (4) A school district, intermediate school district, or public

 

school academy shall post on its public website all of the

 

following information about the evaluation tool or tools it uses

 

for its performance evaluation system for teachers:


 

     (a) The research base for the evaluation framework,

 

instrument, and process.

 

     (b) The identity and qualifications of the author or authors.

 

     (c) Either evidence of reliability, validity, and efficacy or

 

a plan for developing that evidence.

 

     (d) The evaluation frameworks and rubrics with detailed

 

descriptors for each performance level on key summative indicators.

 

     (e) A description of the processes for conducting classroom

 

observations, collecting evidence, conducting evaluation

 

conferences, developing performance ratings, and developing

 

performance improvement plans.

 

     (f) A description of the plan for providing evaluators and

 

observers with training.

 

     (5) (7) If a collective bargaining agreement is was in effect

 

for teachers or school administrators of a school district, public

 

school academy, or intermediate school district as of July 19,

 

2011, if that same collective bargaining agreement is still in

 

effect as of the effective date of the amendatory act that added

 

section 1531j, and if that collective bargaining agreement prevents

 

compliance with subsection (1), then subsection (1) does not apply

 

to that school district, public school academy, or intermediate

 

school district until after the expiration of that collective

 

bargaining agreement.

 

     (6) The department of technology, management, and budget may

 

establish and maintain a list of evaluation tools for evaluating

 

teachers that may be used for the purposes of this section. That

 

list may include evaluation models recommended in the final


 

recommendations released by the Michigan council on educator

 

effectiveness in July 2013. The list shall include a statement

 

indicating that school districts, intermediate school districts,

 

and public school academies are not limited to only using the

 

evaluation tools that are included on the list.

 

     Sec. 1249a. (1) Beginning with the 2018-2019 school year,

 

subject to subsection (2), a school district, intermediate school

 

district, or public school academy shall not assign a pupil to be

 

taught in the same subject area for 2 consecutive years by a

 

teacher who has been rated as ineffective on his or her 2 most

 

recent annual year-end evaluations under section 1249.

 

     (2) Beginning in 2015-2016, with the 2018-2019 school year, if

 

a pupil is assigned to be taught by a teacher who has been rated as

 

ineffective on his or her 2 most recent annual year-end evaluations

 

under section 1249, school district, intermediate school district,

 

or public school academy is unable to comply with subsection (1)

 

and plans to assign a pupil to be taught in the same subject area

 

for 2 consecutive years by a teacher who has been rated as

 

ineffective on his or her 2 most recent annual year-end evaluations

 

under section 1249, the board of the school district or

 

intermediate school district or board of directors of the public

 

school academy in which the pupil is enrolled shall notify the

 

pupil's parent or legal guardian that the board or board of

 

directors is unable to comply with subsection (1) and that the

 

pupil has been assigned to be taught in the same subject area for a

 

second consecutive year by a teacher who has been rated as

 

ineffective on his or her 2 most recent annual year-end


 

evaluations. The notification shall be in writing, shall be

 

delivered to the parent or legal guardian not later than July 15

 

immediately preceding the beginning of the school year for which

 

the pupil is assigned to the teacher, and shall identify the

 

teacher who is the subject of the notification. include an

 

explanation of why the board or board of directors is unable to

 

comply with subsection (1).

 

     Sec. 1249b. (1) Beginning with the 2017-2018 school year, the

 

board of a school district or intermediate school district or board

 

of directors of a public school academy shall ensure that the

 

performance evaluation system for building-level school

 

administrators and for central-office-level school administrators

 

who are regularly involved in instructional matters meets all of

 

the following:

 

     (a) The performance evaluation system shall include at least

 

an annual evaluation for all school administrators described in

 

this subsection by the school district superintendent or his or her

 

designee, intermediate superintendent or his or her designee, or

 

chief administrator of the public school academy, as applicable.

 

However, a superintendent or chief administrator shall be evaluated

 

by the board or board of directors or, if the superintendent or

 

chief administrator is not employed directly by the board or board

 

of directors, by the designee of the board or board of directors.

 

     (b) Twenty-five percent of the annual year-end evaluation

 

shall be based on student growth and assessment data. Beginning

 

with the 2018-2019 school year, 45% of the annual year-end

 

evaluation shall be based on student growth and assessment data.


 

The student growth and assessment data to be used for the school

 

administrator annual year-end evaluation are the aggregate student

 

growth and assessment data that are used in teacher annual year-end

 

evaluations in each school in which the school administrator works

 

as an administrator or, for a central-office-level school

 

administrator, for the entire school district or intermediate

 

school district.

 

     (c) The portion of the annual year-end evaluation that is not

 

based on student growth and assessment data shall be based on at

 

least the following for each school in which the school

 

administrator works as an administrator or, for a central-office-

 

level school administrator, for the entire school district or

 

intermediate school district:

 

     (i) If the school administrator conducts teacher performance

 

evaluations, the school administrator's training and proficiency in

 

using the evaluation tool for teachers used by the school district,

 

intermediate school district, or public school academy under

 

section 1249, including a random sampling of his or her teacher

 

performance evaluations to assess the quality of the school

 

administrator's input in the teacher performance evaluation system.

 

If the school administrator designates another person to conduct

 

teacher performance evaluations, the evaluation of the school

 

administrator on this factor shall be based on the designee's

 

training and proficiency in using the evaluation tool for teachers

 

used by the school district, intermediate school district, or

 

public school academy under section 1249, including a random

 

sampling of the designee's teacher performance evaluations to


 

assess the quality of the designee's input in the teacher

 

performance evaluation system, with the designee's performance to

 

be counted as if it were the school administrator personally

 

conducting the teacher performance evaluations.

 

     (ii) The progress made by the school or school district in

 

meeting the goals set forth in the school's school improvement plan

 

or the school district's school improvement plans.

 

     (iii) Pupil attendance in the school or school district.

 

     (iv) Student, parent, and teacher feedback, and other

 

information considered pertinent by the superintendent or other

 

school administrator conducting the performance evaluation or the

 

board or board of directors.

 

     (d) The measures used by the school district, intermediate

 

school district, or public school academy in its performance

 

evaluation system for school administrators shall be used

 

consistently among the schools operated by a school district,

 

intermediate school district, or public school academy so that all

 

similarly situated school administrators are evaluated using the

 

same measures.

 

     (e) The performance evaluation system shall assign an

 

effectiveness rating to each school administrator described in this

 

subsection of highly effective, effective, minimally effective, or

 

ineffective.

 

     (f) The performance evaluation system shall ensure that if a

 

school administrator described in this subsection is rated as

 

minimally effective or ineffective, the person or persons

 

conducting the evaluation shall develop and require the school


 

administrator to implement an improvement plan to correct the

 

deficiencies. The improvement plan shall recommend professional

 

development opportunities and other actions designed to improve the

 

rating of the school administrator on his or her next annual year-

 

end evaluation.

 

     (g) The performance evaluation system shall provide that, if a

 

school administrator described in this subsection is rated as

 

ineffective on 3 consecutive annual year-end evaluations, the

 

school district, public school academy, or intermediate school

 

district shall dismiss the school administrator from his or her

 

employment. This subdivision does not affect the ability of a

 

school district, intermediate school district, or public school

 

academy to dismiss an ineffective school administrator from his or

 

her employment regardless of whether the school administrator is

 

rated as ineffective on 3 consecutive annual year-end evaluations.

 

     (h) The performance evaluation system shall provide that, if a

 

school administrator is rated as highly effective on 3 consecutive

 

annual year-end evaluations, the school district, intermediate

 

school district, or public school academy may choose to conduct a

 

year-end evaluation biennially instead of annually. However, if a

 

school administrator is not rated as highly effective on 1 of these

 

biennial year-end evaluations, the school administrator shall again

 

be provided with annual year-end evaluations.

 

     (i) The school district, intermediate school district, or

 

public school academy shall provide information to school

 

administrators on the measures used by the school district,

 

intermediate school district, or public school academy in its


 

performance evaluation system for school administrators and on how

 

each of the measures is used.

 

     (2) For the purposes of this section, a school district,

 

intermediate school district, or public school academy is

 

encouraged to adopt and implement a performance evaluation system

 

for school administrators that meets all of the following:

 

     (a) Under the system, the most significant portion of a school

 

administrator's evaluation is based on student growth and

 

assessment data, which may include value-added measures.

 

     (b) The system uses research-based measures to determine

 

student growth.

 

     (c) The system determines professional competence through

 

multiple direct observations of professional practices throughout

 

the school year.

 

     (d) Under the system, school administrator effectiveness and

 

ratings, as measured by student achievement and growth data, are

 

factored into school administrator retention, promotion, and

 

termination decisions.

 

     (e) Under the system, school administrator performance

 

evaluation results are used to inform school administrator

 

professional development for the succeeding year.

 

     (f) The system ensures that school administrators are

 

evaluated at least annually.

 

     (3) A school district, intermediate school district, or public

 

school academy shall post on its public website all of the

 

following information about the measures it uses for its

 

performance evaluation system for school administrators:


 

     (a) The research base for the evaluation framework,

 

instrument, and process.

 

     (b) The identity and qualifications of the author or authors.

 

     (c) Either evidence of reliability, validity, and efficacy or

 

a plan for developing that evidence.

 

     (d) The evaluation frameworks and rubrics, with detailed

 

descriptors for each performance level on key summative indicators.

 

     (e) A description of the processes for collecting evidence,

 

conducting evaluation conferences, developing performance ratings,

 

and developing performance improvement plans.

 

     (f) A description of the plan for providing evaluators and

 

observers with training.

 

     (4) The department of technology, management, and budget may

 

establish and maintain a list of evaluation tools for evaluating

 

school administrators that may be used for the purposes of this

 

section. That list may include the 2 evaluation models recommended

 

in the final recommendations released by the Michigan council on

 

educator effectiveness in July 2013. The list shall include a

 

statement indicating that school districts, intermediate school

 

districts, and public school academies are not limited to only

 

using the evaluation tools that are included on the list.

 

     Sec. 1531j. Notwithstanding any other provision of this act or

 

a rule to the contrary, beginning July 1, 2018, the superintendent

 

of public instruction shall not issue an initial professional

 

teaching certificate to an individual unless the individual

 

presents evidence satisfactory to the superintendent of public

 

instruction demonstrating that he or she meets all of the


 

following:

 

     (a) The individual has successfully completed at least 3 full

 

years of classroom teaching.

 

     (b) The individual meets either of the following:

 

     (i) Was rated as either effective or highly effective on his or

 

her annual year-end performance evaluation under section 1249 for

 

the 3 consecutive school years immediately preceding his or her

 

application for the professional teaching certificate.

 

     (ii) Was rated as either effective or highly effective on his

 

or her annual year-end performance evaluation under section 1249

 

for at least 3 nonconsecutive school years before his or her

 

application for the professional teaching certificate and submits a

 

recommendation from the chief school administrator of the school at

 

which he or she is currently employed that he or she be issued a

 

professional teaching certificate.

 

     (c) The individual has completed at least 6 semester credit

 

hours, or the equivalent in terms or trimesters, in a planned

 

program at an approved teacher preparation institution or 6

 

semester credit hours, or the equivalent in terms or trimesters, of

 

academic credit approved by the superintendent of public

 

instruction, as being appropriate to the grade level and subject

 

area endorsement of the teaching certificate at any college or

 

university.

 

     Enacting section 1. Section 95a of the state school aid act of

 

1979, 1979 PA 94, MCL 388.1695a, is repealed.